What Are Non-Immigrant Visas?
A non-immigrant visa is a visa issued to a person with a permanent residence outside the United States, who wishes to enter the U.S on a temporary basis, for example, for the purpose of tourism, medical treatment, business, temporary work or study.
Every non-immigrant visa has a clearly defined purpose and therefore one must consult the relevant legislation and policy guidance to determine what activity is and is not permitted on any given non-immigrant visa.
Who May Apply For A Non-Immigrant Visa?
Every visa category has its own qualifying criteria and therefore the answer depends upon the visa in question. Here are a few examples of non-immigrant visas:
- The E-1 Treaty Trader visa is available to individuals seeking to enter the U.S in order to engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the U.S and the treaty country.
- Similarly, the E-2 Treaty Investor visa is available to individuals seeking to enter the U.S in order to develop and direct the operations of an enterprise in which the applicant has invested (or is in the process of investing) a substantial amount of capital. E-1 and E-2 visas are also available for certain executive, managerial or essential employees.
- The L-1 Intracompany Transferee visa allows a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. It also allows a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the U.S for the purpose of establishing a new office.
If I Successfully Obtain A Non-Immigrant Visa, May My Family Travel To The U.S With Me?
The answer depends upon the category of non-immigrant visa in question.
The E-1, E-2 and L-1 visas enable the principal applicant’s spouse and any unmarried children under the age of 21 to obtain derivative dependent visas, enabling them to travel to the U.S with the principal applicant. The derivative dependent L-1 visa is known as the “L-2 visa”.
What Does The Term “Ageing Out” Mean, In The Context Of Non-Immigrant Visas?
An adult child is deemed to have “aged out” if they no longer meet the definition of “an unmarried child under the age of 21”. Typically, this means the child is no longer under the age of 21 and is therefore no longer eligible for a non-immigrant visa. The term “aged out” is also sometimes used to describe a child who no longer meets the above definition due to marriage.
What, If Anything, Can Be Done If An Adult Child “Ages Out” Before A Non-Immigrant Visa Application Can Be Made?
When an adult child “ages out”, they are no longer eligible for a derivative dependent non-immigrant visa. Under these circumstances, one must identify an innovative immigration solution to enable the adult child to join their family in the U.S. With some careful consideration, sensible judgment and realistic expectations, it can be possible to identify a solution which will enable the adult child to enter the U.S with their family and – potentially – qualify for lawful permanent resident status in the U.S, in the long-term.
If you are in this position, we would advise you to contact us in order to discuss your options with a licensed U.S immigration attorney.
What Happens If An Adult Child “Ages Out” After They Have Been Issued a Derivative Dependent Visa?
If an adult child “ages out” after they have been issued an E-1, E-2 or L-2 visa, generally the following will occur:
When issued, the visa will usually be valid until their 21st birthday. The adult child will be unable to re-enter the U.S on their E-2 derivative dependent visa once they have attained the age of 21.
What, If Anything, Can Be Done If An Adult Child “Ages Out” After They Have Been Issued A Derivative Dependent E-1, E-2 or L-2 Visa?
Under these circumstances, it is usually possible to identify an innovative immigration solution which will enable the child to enter the U.S on a different non-immigrant visa and be reunited with their family.
If you are in this position, we would advise you to speak to one of our licensed U.S immigration attorneys regarding the options available to you.
Davies Legal Immigration
At Davies Legal Immigration, we offer advice and representation in connection with all non-immigrant visa categories, including the E-1 Treaty Trader visa, the E-2 Treaty Investor visa and the L-1 Intracompany Transferee visa. We are committed to providing the highest standards of client care, encompassing a diligent service, fully-flexible means of communication and a commitment to responding to all urgent correspondence within 4 hours. Call now to discuss the options available to you with a licensed U.S immigration attorney and obtain a free, no obligation quote.
